Koiboi (Migration)

The Administrative Appeals Tribunal considered an application for Child (Migrant) (Class AH) visas, specifically Subclass 101 (Child) visas, by the applicants. The sponsor of the visa applicants was the subject of the review.

The primary legal issue before the Tribunal was whether the applicants met the criteria for the grant of a Subclass 101 visa. This involved determining if the applicants were the biological or adopted children of the sponsor, or if they were otherwise dependent on the sponsor, receiving financial support and being brought up by them.

The Tribunal's reasoning focused on the evidence presented, including DNA tests, which indicated that the applicants were not the biological or adopted children of the sponsor. Despite this, the Tribunal considered the dependency criteria. However, based on the evidence, the Tribunal concluded that the applicants did not satisfy the requirements for the visa. No claims were advanced in relation to other visa subclasses within Class AH.

Consequently, the Tribunal affirmed the decisions not to grant the Child (Migrant) (Class AH) visas to the applicants.